do you intent to have us make these foreign policy decisions? >> what we are advocating here is that the court can make categorical judgments, not on the case by case factual judgment. we think there is more than one category between a situation like this one in which there is no connection to the united states are a situation like the one justice a leader raised about an american corporation. >> the use of the state department to deserve that. >> are you talking about a nexus test? that is what it sounds like to me. whether an act nexus -- what are you talking about? >> we are talking about something different. the question is whether to recognize a federal, ma cause of action. i think it depends -- >> either it exists or it does not. >> there are interests that had against recognizing causes of action. that is what he said. >> i am having trouble with this. without question, papyruses, attacks on a mass -- piracy, attacks on ambassadors, we know that those for internal norms in 1789. you seem to be suggesting that if a frenchman attacks and en